August 26, 2019

We sometimes have clients who come to us for legal help with problems that could have been prevented with a little planning and legal advice. Often, the problem arises because they have contracted for a good or service without reading the contract, or they have scanned the contract and failed to realize that material terms are not consistent with the sales pitch and oral agreement, or material terms are missing. 


We all remember learning the alphabet and our ABC’s. When you are about to sign a contract for goods or services, it’s just as important to remember your BCD’s. Here’s what that means:

B.    What am I Buying? You need a precise description of the goods or services so that there is no ambiguity as to what you are purchasing with your...

March 29, 2019

This piece is directed to property owners and contractors alike. The contractor’s lien is a versatile tool, or hammer, depending on your perspective. It allows a contractor to file a claim of lien within 120 days after the contractor last performed work or provided materials on the project. The lien expires unless the contractor files suit within 180 days after the last date of work.

I refer to the lien statute as a hammer because it has provisions allowing a contractor’s lien to become effective on the first date of the contractor’s work, even if the contractor has been paid for that work. Moreover, the filing of a lien, even when the quality or cost of the work has been disputed by the homeowner, can create problems and friction between th...

March 27, 2017

The fervor over whether Attorney General Jeff Sessions lied during his Senate confirmation hearing exemplifies once again the bitter political divide in this Country.  Republicans have lined up to support him, arguing in essence that if Sessions “misspoke,” he can correct his testimony - after being confirmed as our Attorney General.  Democrats have called for an independent investigation, and some have demanded his resignation, alleging that Sessions committed perjury.

Though the political battle lines have been drawn predictably, the controversy runs much deeper and affects the very system of justice that our Attorney General has been designated to lead, as well as the institution of truth that is fundamental to our way of life.  Sess...

March 2, 2017

There is some misconception about the scope of the Johnson Amendment, a provision in the Internal Revenue Code sponsored by then Senator Lyndon B. Johnson and enacted by Congress in 1954.  The Amendment prohibits all non-profit entities from endorsing or opposing political candidates.  It does not apply just to religious institutions.

Although some argue that the Johnson Amendment abridges free speech, one goal of the law is to prevent non-profit entities, which receive tax exempt status from the federal government (and in many cases property tax exemptions from local governments), from directly endorsing or opposing political candidates.  In other words, Congress thought it appropriate to ban entities being subsidized by the citizens t...

February 14, 2017

We’ve all heard the adage that the pen is mightier than the sword.  Words have the potential to sway millions, but they also have the potential to inflict great damage.   And while the First Amendment  protects free speech, it is not a suit of armor against all speech, especially false statements.
    
Our firm just resolved  a contentious defamation case concerning false posts and accusations on Facebook made about our client, Davyne Dial.  On February 8, 2017, the Court signed a Consent Judgment in our client’s favor for total damages of $500,000, including $250,000 in punitive damages.  The defendant also acknowledged in writing that the Facebook posts at issue were false and malicious.

In a copyrighted artic...

October 12, 2016

When you hire a contractor to build a home for you, you generally have two options for pricing the project.  One of those options, a fixed-price contract, provides all parties with transparency as to the total cost of the build, presuming you have a properly drafted construction contract. Another pricing structure, which has grown in popularity, is a time and materials contract. Under this structure, the owner is billed for time and materials actually incurred on the project, plus a percentage to cover a builder’s overhead and profit.  Theoretically, this pricing structure provides transparency to the owner about the actual cost of the build, for the contractor should provide the owner with full supporting documentation for every time and m...

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We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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